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14 2008

Civil Law (Miscellaneous Provisions) Act 2008

PART 5

Statutory Declarations

Amendment of section 2 of Statutory Declarations Act 1938.

49 .— Section 2 of the Statutory Declarations Act 1938 is amended—

(a) by substituting the following for subsection (2):

“(2) Save as is otherwise provided by this section, a person (‘the first-mentioned person’) shall not take or receive a statutory declaration from another person (‘ the declarant ’) unless—

(a) the declarant is personally known to the first-mentioned person or is identified to him or her by a person who is personally known to him or her, or

(b) if paragraph (a) is not applicable, the first-mentioned person—

(i) before taking or receiving the declaration, establishes the identity of the declarant by reference to a relevant document containing a photograph of the declarant, and

(ii) states in the attestation that the identity of the declarant has been so established and gives particulars of the relevant document concerned.”,

and

(b) by inserting the following after subsection (3):

“(4) In subsection (2) ‘ relevant document ’ means—

(a) a valid passport issued by or on behalf of an authority recognised by the Government,

(b) a national identity card issued by the authorities of—

(i) a Member State,

(ii) the Swiss Confederation, or

(iii) a Contracting Party to the EEA Agreement,

(c) a document which is equivalent to a passport, issued by or on behalf of an authority recognised by the Government, which establishes the identity and nationality of the person to whom the document relates,

(d) a travel document issued by the Minister for Justice, Equality and Law Reform under section 4 of the Refugee Act 1996 , or

(e) a travel document other than a document to which paragraph (d) refers issued by the State solely for the purpose of providing the holder with a document which can serve in lieu of a national passport.

(5) In subsection (4), ‘ EEA Agreement ’ means the Agreement on the European Economic Area signed at Oporto on the 2nd of May 1992 as amended for the time being.”.

Insertion of new section 3A into Statutory Declarations Act 1938.

50 .— The Statutory Declarations Act 1938 is amended by inserting the following after section 3:

“Making of statutory declarations outside State.

3A.— (1) Without prejudice to section 6 of the Investment Funds, Companies and Miscellaneous Provisions Act 2006

(a) a statutory declaration made in a place outside the State shall be regarded as having been validly made if it is made in such a place before a person authorised under section 1 to take and receive the declaration, or

(b) a statutory declaration made in a place outside the State shall be regarded as having been validly made if it is made in such a place before a person authorised, under the law of that place, to administer oaths in that place and subsection (3), (4) or (5), as the case may be, is complied with.

(2) Subsection (1) is in addition to, and not in substitution for, the circumstances provided under the Diplomatic and Consular Officers (Provision of Services) Act 1993 or any other enactment in which a statutory declaration made by a person in a place outside the State is regarded as a statutory declaration validly made (whether for purposes generally or any specific purpose).

(3) In a case falling within subsection (1)(b), and unless subsection (4) or (5) applies, the signature of the person making the statutory declaration concerned (the ‘declarer’) and, to the extent that the law of the place concerned referred to in subsection (1)(b) requires either or both of the following to be authenticated:

(a) the capacity in which the declarer has acted in making that declaration,

(b) the seal or stamp of the person who has administered the oath to the declarer,

shall be authenticated in accordance with the law of that place.

(4) If the place concerned referred to in subsection (1)(b) is situate in a state that is a contracting party to the EC Convention, then (unless that Convention does not extend to that place) the provisions of that Convention with regard to authentication shall apply in relation to the statutory declaration concerned, including the procedures for verification of any matter in circumstances where serious doubts, with good reason, arise in respect of that matter.

(5) If the place concerned referred to in subsection (1)(b) is situate in a state that is a contracting party to the Hague Convention but is not a contracting party to the EC Convention, then (unless the Hague Convention does not extend to that particular place) the provisions of the Hague Convention with regard to authentication shall apply in relation to the statutory declaration concerned, including the procedures for verification of any matter in circumstances where serious doubts, with good reason, arise in respect of that matter.

(6) A person may, before receiving any statutory declaration purporting to be made in pursuance of, or for the purposes of, a statutory provision, being a declaration—

(a) falling within subsection (1)(b), and

(b) to which neither the provisions of the EC Convention nor the Hague Convention apply as regards the authentication of it,

require such proof, as he or she considers appropriate, of any particular requirements of the law referred to in subsection (3).

(7) In this section—

‘ EC Convention ’ means the Convention Abolishing the Legalisation of Documents in the Member States of the European Communities of 25 May 1987;

‘ Hague Convention ’ means the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents done at the Hague on 5 October 1961.”.

Substitution of section 6 of Statutory Declarations Act 1938.

51 .— The Statutory Declarations Act 1938 is amended by substituting the following for section 6 (as amended by section 26 of the Standards in Public Office Act 2001 ):

“Penalty for false declaration.

6.— (1) Every person who makes a statutory declaration which to his or her knowledge is false or misleading in any material respect shall be guilty of an offence under this section and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(2) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings in relation to an offence under this Act may be commenced—

(a) at any time within 12 months from the date on which the offence was committed, or

(b) at any time within 6 months from the date on which evidence that, in the opinion of the person by whom such proceedings are brought, is sufficient to justify the bringing of proceedings, comes to such person’s knowledge,

whichever is the later, but no such proceedings shall be commenced later than 3 years from the date on which the offence concerned was committed.”.

Substitution of Schedule to Statutory Declarations Act 1938.

52 .— The Statutory Declarations Act 1938 is amended by substituting the following for the Schedule:

“SCHEDULE

FORM OF STATUTORY DECLARATION

I, A.B., do solemnly and sincerely declare that [here insert text of matter to be declared] and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

[Signed] A.B.

Declared before me…………...............................[name in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [person authorised by [insert authorising statutory provision].......................................... to take and receive statutory declarations] by A.B.

[who is personally known to me],

or

[who is identified to me by C.D. who is personally known to me]

or

[whose identity has been established to me before the taking of this Declaration by the production to me of

passport no. [passport number] issued on [date of issue] by the authorities of [issuing state], which is an authority recognised by the Irish Government]

or

national identity card no. [identity card number] issued on [date of issue] by the authorities of [issuing state] [which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement]

or

[Aliens Passport no. (document equivalent to a passport) [passport number] issued on [date of issue] by the authorities of [issuing state] which is an authority recognised by the Irish Government]

or

refugee travel document no. [document number] issued on [date of issue] by the Minister for Justice, Equality and Law Reform]

or

travel document (other than refugee travel document) [document no.] issued on [date of issue] by the Minister for Justice, Equality and Law Reform

at.................................................[place of signature] this...…..day of……………......[date]

.....................................................

[signature of witness]”.

Amendment of section 22 of Standards in Public Office Act 2001.

53 .— Section 22 of the Standards in Public Office Act 2001 is amended—

(a) in paragraph (b) of subsection (1), by substituting “three months” for “one month”, and

(b) in paragraph (b) of subsection (2), by substituting “three months” for “one month”.